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MDHHS Issues Emergency Orders Establishing Protections for Residents & Staff

Today, October 6 2020 Michigan Department of Health & Human Services (MDHHS) Director Robert Gordon issued Emergency Orders under MCL 333.2253 that maintain protections for Michigan's most vulnerable populations and staff in residential care settings, including nursing facilities, Adult Foster Care (AFC), Homes for the Aged (HFA) and other assisted living (AL) and independent living (IL) settings.  The order is effective immediately and continues through October 30, 2020.

 

The orders follow the Michigan Supreme Court decision on Friday, October 2nd, that invalidated COVID-19 related executive orders. Under MCL 333.2253, if the MDHHS director determines that control of an epidemic is necessary to protect the public health, the director by emergency order may prohibit the gathering of people for any purpose and may establish procedures to be followed during the epidemic to insure continuation of essential public health services and enforcement of health laws. 

 

The Emergency Order covers three main categories including, Communal Dining & Activities, Notification Requirements, and Visitation. 

 

Communal dining and activities are permitted consistent with Center for Medicare and Medicaid Services (CMS) and MDHHS guidance. The community dining and activities rules apply for the first time to independent living and hospice facilities.  For skilled nursing facilities, the CMS guidance can be found HERE.  MDHHS guidance for other settings directs providers to the Centers for Disease Control & Prevention (CDC) guidance published for congregate care settings and assisted living settings.

 

All settings are required to provide notice of the presence of COVID as below:

  • Notify employees and residents of the presence of a confirmed COVID-19 positive employee or resident within 12 hours of identification.
  • Inform legal guardians or health proxies for all residents within the facility of the presence of a confirmed COVID-19 positive employee or resident within 24 hours.
  • Post a notice in a conspicuous place near the main entrance of the care facility indicating the presence of a confirmed COVID-19 positive employee or resident.
  • Contact the local health department in the facility's jurisdiction to report the presence of a confirmed COVID-19 positive employee or resident.

The order continues the previous restrictions on visitation.  Outdoor visits are permitted with precautions, such as allowing for at least six feet separation between all people. Facilities must also meet criteria specified in the order, including having had no new COVID-19 cases originate there within the previous 14 days.

 

As previously included in prior Epidemic Orders, visitation is permitted for compassionate care situations as well as activities of daily living (ADL) support that existed prior to March 14, 2020.  These visits are encouraged to be held outdoors, however may be accommodated indoors only in instances of residents with hearing, vision or speech impairment with preexisting ADL support, or end of life situations.

 

The newly issued orders include a requirement that providers attempt to contact residents next of kin to establish visitation arrangements for residents who received ADL support prior to March 14th or who have had a significant change in condition that could be improved with ADL arrangements. 

 

Restrictions on visits don't apply to medical service providers, resident physicians, clinical students, and some non-medical service providers when determined the lack of service will have a significant negative impact on the resident.  Window visits continue to be permissible given a physical barrier between the resident and visitor, such as a closed window. 

 

HCAM Webinar: Provider Relief Funding & Reimbursement Audit Issues

Don't miss the upcoming Provider Relief Funding & Reimbursement Audit Issues Webinar presented by Betsy Rust, Jon Lanczak, Robert Long and Pat Anderson! 

 

Date: Thursday, October 8

Time: 11 am - 1 pm ET

CE: N/A

Registration: $75

Presenters: Betsy Rust, Jon Lanczak and Robert Long with Plante Moran and Pat Anderson with HCAM

 

On September 19 the long awaited guidance on the Provider Relief Fund (PRF) reporting requirements was released. The guidance alludes to more information to come - yet many questions remain on how these funds will be reported and what is the potential for any take back. This webinar will offer numerous case studies to provide attendees with a better understanding of what is required, allowable expense categories, and how your facility will need to respond. The webinar will look at the PPP (Payroll Protection Program) loans and Single Audit requirements along with the other Medicare and Medicaid funds and grants related to the COVID pandemic. We are traveling through many uncharted times and maximizing access to the funds provided is key to surviving and thriving.

 

What should you do before attending this webinar? 

Take some time to review the various federal and state payments your facility (facilities) have received since the beginning of the pandemic in March 2020.  Add up all of the distribution payments you have received and then accumulate all your costs associated with the pandemic. This will help you understand how to apply the case studies to your organization.

 

To register click HERE.

 

AHCA/NCAL Provider Relief Fund Reporting Office Hours Part 2:

AHCA/NCAL will host a second  Office Hours on the Provider Relief Fund (PRF) Reporting Guidance on Friday, October 9 at 3 PM Eastern. Speakers will address: 

  • PRF reporting and financial management requirements and suggested action steps;
  • Possible approach to stimulus reconciliation and modeling; and
  • Highlights from written responses to the October 2 webinar follow-up Q&A.

This webinar is open to all AHCA/NCAL members, however registration is required. The webinar will be recorded for viewing at a later point.

 

If you missed Part 1 you can still review the recorded session.  A recording of the October 2, 2020 AHCA/NCAL hosted PRF Requirements Office Hours Part 1 is now available on ahcancalED.

 

30-minute Introductory Events Start Tomorrow:  AHRQ ECHO National Nursing Home COVID-19 Action Network

The Agency for Healthcare Research and Quality (AHRQ) in conjunction with the Institute for Healthcare Improvement (IHI) and the University of New Mexico are launching the AHRQ ECHO National Nursing Home COVID-19 Action Network.  Introductory webinars to learn more about the project are scheduled over the next week, beginning tomorrow.  The Network is open to any nursing home in the country at no cost.  Nursing homes eligible to receive funding from the Provider Relief Fund (PRF)can receive $6,000 in compensation for participating.

 

The Network is recruiting nursing facility providers and training centers (Hubs) across the nation to share best practice and ensure consistent implementation of evidence based protocols, ensure staff have adequate knowledge, skills and confidence to protect themselves and their residents, and reduce isolation for residents, families and staff.  Additional information can be found by visiting the ECHO Nursing Home Project website. 

 

Introductory webinars are scheduled on a range of dates & times to allow providers to choose the one most convenient.  Please note the times listed below are Mountain Time:

 

Wed., October 7, 2020 10:30-11 am MT

Thurs., October 8, 2020 5:30-6 am MT

Tues., October 13, 2020 1-1:30 pm MT

Wed., October 14, 2020 12:30-1 pm MT

Thurs., October 15, 2020 10-10:30 am MT

 

To register for a session, click HERE.

 

Abbott BinaxNOW Training

Abbott will be holding two educational webinars this week in support of their BinaxNOW COVID-19 tests. These webinars are designed to reinforce the Training Toolkit and highlight key points that should be kept in mind during BinaxNOW COVID-19 and NAVICA implementation. To register for either training, please use the links below.  

 

Wednesday October 7th from 4:00 EST - 5:00 EST: Registration link

Friday October 9th from 4:00 EST - 5:00 EST: Registration link

 

For additional training videos and documents, please visit the BinaxNOW COVID-19 Ag Card and NAVICA App Set-Up and Training portal.  

 

Moment Of Silence - October 8 at 3:30 pm

AHCA/NCAL is asking long term care professionals, residents, their loved ones, and members of the public to partake in a national moment of silence on Oct. 8 to honor the tens of thousands of lives lost in these settings due to the COVID-19 pandemic. 

 

"We must bear witness to the greatest challenge our profession has ever faced," said Mark Parkinson, president and chief executive officer of AHCA/NCAL. "What our members have fought against and seen in their buildings has been traumatic, but they have shown unparalleled resilience and commitment. While we have experienced great loss, we have also seen tens of thousands of residents recover. We must continue to fight and never give up."
 
The moment of silence will occur Oct. 8 at 3:30 p.m. (ET) and coincide with the opening general session of the AHCA/NCAL Virtual Convention & Expo. Individuals are not required to register for the conference in order to pay tribute.

 

Members of the public are encouraged to participate in their homes and communities.

 

MCAL Board Election

Congratulations to the newly elected MCAL Board of Directors - elected at the MCAL 2020 General Membership Meeting, October 6, 2020.

 

Chair:                                 Jon Zima, Woodland Terrace

Vice Chair:                        Joseph LeBlanc, Heather Hills

Secretary/Treasurer:      Pete Brogger, Trilogy Health Services

 

Directors at Large:

Greg (Chip) Anderson, Evergreen Heights

Manda Ayoub, Pomeroy

Michael Damone, Cedarbrook

Ralph Mason, Rosewood AFC of Dewitt

Schekesia Meadough, American House

Lyle Robinette, Hope Landing

Steven Tyshka, Waltonwood Senior Communities

Karryn Walker, Bickford

One empty seat

 

Congratulations also to Kally Goodwin-Ratzloff of the Kitch Firm who was appointed by the board to continue as the Boards Ex-Officio, non-voting Associate Partner Board Member for 2020-2021.

 

Immediate Past Chair:    Michael McElroy, Highland  and Ex-Officio Board Members not requiring a vote include Scott Ganton, Board Member Emeritus; Linda Lawther, MCAL President/CEO; Melissa Samuel, HCAM President/CEO.


 

For questions or concerns please contact Cathy Sunlin at CathySunlin@HCAM.org.

 

October 6, 2020